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Environmental Justice: Is Disparate Impact Enough?, Jimmy White
Environmental Justice: Is Disparate Impact Enough?, Jimmy White
Mercer Law Review
"Not in my backyard!" This simple statement and the vigorous efforts to enforce it have resulted over the last sixteen years in a growing movement in minority communities in search of what has been termed "environmental justice." It is claimed by activists, and proven in numerous studies, that minorities are more likely to be affected by the siting of hazardous waste facilities and the permitting of other hazardous waste producers than are whites. The causes of these inequities are neither uniform nor easily identifiable. Unfortunately, remedies may be equally elusive. Lack of resources, political power, and practical knowledge have proven …
Environmental Law, W. Scott Laseter, Julie V. Mayfield
Environmental Law, W. Scott Laseter, Julie V. Mayfield
Mercer Law Review
Departing somewhat from the format of earlier environmental law survey articles, this Survey devotes substantial attention to a 1998 decision of the United States Supreme Court in a case that arose under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Although that case, United States v. Bestfoods, emerged from the Sixth Circuit, it will almost certainly have important ramifications for Eleventh Circuit jurisprudence in the area of CERCLA operator liability. Further, the case may signal a new conservative leaning by the Supreme Court that may extend beyond the narrow issue of that case to other questions arising under CERCLA. …